Jurisprudence

This book is the first major work that addresses a core question in biomedical research: the question of acceptable risk. The acceptable level of risks is regulated by the requirement of proportionality in biomedical research law, which state that the risk and burden to the participant must be in proportion to potential benefits to the participant, society or science. This investigation addresses research on healthy volunteers, children, vulnerable subjects, and includes placebo controlled clinical trials.

Active Shooter events are becoming increasingly more common, and while there have been recommendations on how to respond since 2008, these guidelines focused on schools, government, and business settings. In January of 2014, the HPH SCC released "Active Shooter Planning and Response in a Healthcare Setting". That draft document was the first comprehensive guidance written for healthcare facilities to prevent, respond to, and recover from an active shooter event. This updated document expands upon the initial draft document to include law enforcement tactics and integrated medical and mental health response.

Introduction -- The value and importance of health information privacy -- The value, importance, and oversight of health research -- HIPAA, the privacy rule, and its application to health research -- Effect of the HIPAA privacy rule on health research -- A new framework for protecting privacy in health research.

"Continuous sedation until death (sometimes referred to as terminal sedation or palliative sedation) is an increasingly common practice in end-of-life care. However, it raises numerous medical, ethical, emotional and legal concerns, such as the reducing or removing of consciousness (and thus potentially causing 'subjective death'), the withholding of artificial nutrition and hydration, the proportionality of the sedation to the symptoms, its adequacy in actually relieving symptoms rather than simply giving onlookers the impression that the patient is undergoing a painless 'natural' death, and the perception that it may be functionally equivalent to euthanasia. This book brings together contributions from clinicians, ethicists, lawyers and social scientists, and discusses guidelines as well as clinical, emotional and legal aspects of the practice. The chapters shine a critical spotlight on areas of concern and on the validity of the justifications given for the practice, including in particular the doctrine of double effect"-- Provided by publisher.

This book explores a rapidly growing area of discussion in the health care industry, disruptive behavior in medical providers. The presence of disruptive behavior adversely impacts the providers of all disciplines: paraprofessional personnel, nurses, physicians and administrators. But more importantly, there may be a greater detrimental effect on quality and patient safety. This has led to mandated regulatory requirements that assist healthcare institutions in developing programs to address the problem. The book presents an evidence-based analysis of the disruptive provider behavior that defines the incidence, demographics, and profile of the behavior; discusses the specialties and work locations predisposed, as well as the interface with residents and nurses. The importance of patient safety, economic, and legal issues are addressed by a comprehensive, management strategy to effect positive, sustainable culture change in healthcare.

Offers practice guidelines for conducting workplace mental health disability evaluations. This book examines legal and ethical aspects of employment evaluations. It also offers an examination of the process of psychiatric disability development, and discusses issues specific to evaluations for Social Security and other disability benefit programs.

Involvement in a legal action -- Negligence -- Rules of evidence and codes of civil procedure -- The body of scientific literature -- Foundation equals persuasion -- The expert witness -- Speaking the language of lawyers -- To do the courtroom dance, first learn the steps -- Skeletons in your closet -- Impeachment is not just for presidents! -- Criminal, civil, and workers' compensation cases -- Toxic torts in retrospect -- One case is tragic; two or more cases are an epidemic -- Professional liability -- Out of the ordinary : investigations, cases, and trials -- Do you charge for your testimony? No, I charge for my time! -- Expert witnesses : the good, the bad, and the ugly -- Closing arguments.

This volume assembles an interdisciplinary team of leading academics, industry figures, policymakers and NGOs to consider the legal, ethical and social issues that are raised by innovations in nanoscience and nanotechnology. By bringing together international experts from a diverse range of fields this volume addresses the implications and impact that nanotechnology has on society. Through the exploration of six key themes the contributors analyse both the impact of nanotechnology and the emergence of the concept of nanoethics. Each section includes authors from both sides of the political and scientific divide incorporating both positive and negative perspectives on nanotechnology, as well as including discussions of associated concepts such as converging technologies. The result provides for the widest and most balanced discussion of these issues to date.

The recent years have seen a tremendous growth in research and developments in science and technology, and an emphasis in obtaining Intellectual Property (IP) protection for one's innovations. Information pertaining to IP for science and technology is siloed into many diverse sources and consists of laws, regulations, patents, court litigations, scientific publications, and more. Although a great deal of legal and scientific information is now available online, the scattered distribution of the information, combined with the enormous sizes and complexities, makes any attempt to gather relevant IP-related information on a specific technology a daunting task. In this thesis, we develop a knowledge-based software framework to facilitate retrieval of patents and related information across multiple diverse and uncoordinated information sources in the US patent system. The document corpus covers issued US patents, court litigations, scientific publications, and patent file wrappers in the biomedical technology domain. A document repository is to be populated with issued US patents, court cases, scientific publications, and file wrappers in XML format. Parsers are developed to automatically download documents from the information sources. Additionally, the parser also extracts metadata and textual content from the downloaded documents and populates the XML repository. A text index is built over the repository using Apache Lucene, to facilitate search and retrieval of documents. Based on the document repository, the underlying methodology to search across multiple information sources in the patent system is discussed. The methodology is divided into two major parts. First, we develop a knowledge-based query expansion methodology to tackle domain terminological inconsistencies in the documents. Relevant knowledge is retrieved from external sources such as domain ontologies. Since our goal is to retrieve a collection of relevant documents across multiple sources, we develop a patent system ontology to provide interoperability between the different types of documents and to facilitate information integration. We discuss the Information Retrieval (IR) framework which combines the knowledge-based query expansion methodology with the patent system ontology to provide a multi-domain search methodology. A visualization tool based on term co-occurrence is developed that can be used to browse the document repository through class hierarchies of domain ontologies. The knowledge-based query expansion methodology is evaluated through formal measures such as precision and recall. A simple term-based search is used as a baseline reference for comparison. Additionally, the results from related works are also used for comparison. A series of common questions asked during patent prior art searches and infringement analysis are generated to evaluate the patent system ontology. A summary of the results and analysis is provided.

Technologies are developing faster and their impact is bigger than ever before. Synergies emerge between formerly independent technologies that trigger accelerated and unpredicted effects. Alongside these technological advances new ethical ideas and powerful moral ideologies have appeared which force us to consider the application of these emerging technologies. In attempting to navigate utopian and dystopian visions of the future, it becomes clear that technological progress and its moral quandaries call for new policies and legislative responses. Against this backdrop this new book series from Springer provides a forum for interdisciplinary discussion and normative analysis of emerging technologies that are likely to have a significant impact on the environment, society and/or humanity. These will include, but be no means limited to nanotechnology, neurotechnology, information technology, biotechnology, weapons and security technology, energy technology, and space-based technologies.

Sources of liability: Forms of legal complaints -- Duty as an element of a lawsuit: obligations and responsibilities -- Duty as an element of a lawsuit: sources of standards -- Duty as an element of a lawsuit: procedural requirments -- Breach, causation, and damages as elements of a lawsuit -- Defenses to a lawsuit -- Communication.

Reduce your risk of costly litigation! Written in easy-to-understand language by a team of medical doctors who are also attorneys at law, this handbook addresses the issues surrounding the growing incidence of medical malpractice. It examines the scenarios that can result in a malpractice suit, the best actions to take during the course of litigation, and the most effective ways to minimize your legal liabilities. Access the expert guidance of top professionals across medical and legal fields in an easy-to-read format. Review the legal aspects of nearly every medical topic that impacts health care professionals. Quickly see how to minimize your legal liabilities with the aid of "Golden Rule" boxes. Understand the different types of malpractice suits and the physician's position and defense in each. See how concepts apply to specific scenarios through abundant case studies. Explore specific legal considerations for each medical specialty.

1. Overview of Medicines Regulatory Systems in the Gulf Region -- 2. The Regulatory Review Process in the Gulf Region -- 3. Regulatory Review Times in the Gulf Region -- 4. Quality Measures in the Gulf Regulatory Practices -- 5. The Current Status of the Common Technical Document -- 6. The Current Status of Drug Safety and Pharmacovigilance -- 7. The Centralized Regulatory Review in the Gulf Region -- 8. The Gulf States Assessment and Experience With the Centralised Procedure -- 9. The Pharmaceutical Companies Assessment and Experience With the Centralised Procedure -- 10. Proposal For an Improved Centralized Regulatory System -- 11. The Strategic Planning Process of the GCC Regulatory Authorities: Barriers And Solutions -- 12. The Regulatory Dilemma in the Gulf Region: The Way Forward.

This report highlights three areas where political agendas have intruded into exam rooms in harmful ways: the clinical management of toxic exposures, reproductive health, and gun safety. The impact of these laws could not be more serious: Health care providers who violate them may be subject to professional sanctions, civil liability, or even criminal penalties.

"Risk, Liability and Malpractice: What Every Plastic Surgeon Need To Know" is your indispensable guide to maintaining a reputable, safe, successful plastic surgery practice. Authors Phil Haeck, MD and Mark Gorney, MD, two of the best-known and most trusted authorities on this subject, discuss every issue you need to consider, from which procedures carry the highest risk through claims arising from Medi-Spas and unique aspects of providing aesthetic surgery for male patients. Written in a concise and easy-to-read style, this is the book you need to make wise clinical and practice decisions, manage your patients' expectations, avoid complications, and deliver satisfying results. Effectively navigate your toughest legal issues! Must-read chapters include "The Most Risky Procedures in Plastic Surgery," "Claims Arising From Medi-Spas," and "The Unique Aspects of The Male Patient and Aesthetic Surgery." Get advice you can trust! Phil Haeck, MD has been writing Plastic Surgery News's "On Legal Grounds" column for more than five years and is the 2011/2012 president of ASPS. Mark Gorney, MD, a former ASPS president, is a founding member of The Doctors Company, now the country's largest malpractice insurance carrier, and has taught the basics in risk management to thousands of his colleagues. Read it quickly and put it to work in your practice! A concise, practical approach with minimal legal jargon presents the guidance you need in a way that is easy to understand and apply.

Demands for the protection of social rights, and health rights in particular, have become a distinctive feature of judicialization in Latin American countries, including Argentina. Although a growing number of studies have begun to document the new relationship between the courts and health rights generated after almost two decades of litigation, little is yet empirically known about the versatile struggles undertaken in domestic courts and their consequences beyond the judgments. More specifically, given the scarcity of domestic empirical explorations, much remains to be discovered about legal mobilization experiences and courts' roles in the adjudication of conflicts regarding the intersection of health policies and rights. This dissertation takes a step toward filling that gap by exploring a set of conceptual, theoretical, and methodological questions that are critical to advancing current debates on health and the role of courts in bringing justice and expanding the rule of law in Argentina. With that aim in mind, this dissertation proceeds in two stages. First, it offers a basic assessment of the context and magnitude of the judicialization of health in the country, relying on multiple secondary sources and descriptive statistics obtained from databases of court decisions and dockets generated for this dissertation. Second, to complement the broader picture, the project proposes a qualitative study of strands of health rights litigation, offering a process-based observation of diverse patterns of judicialization while helping identify and compare the broader impacts of courts' roles in adjudicating health rights demands. Through these narrative studies, this dissertation tells the story of how once-dormant health rights clauses have come to life through the work of litigants, judges, and policy makers. It also shows how, in the process of unleashing health rights, courts have played contradictory roles throughout the nonlinear trajectories of different patterns of judicialization that can be located along a spectrum in which an atomistic and routinized style of judicialization is at one extreme, a bureaucratizing form of judicialization is in the middle, and a cooperative style of judicialization is at the other extreme. Ultimately, throughout these rich and variegated experiences of judicialization, courts' adjudication of right-to-health claims has sometimes reinforced ineffective or unequal arrangements, while at other times exhibiting potentially transformative capacities.

In this dissertation I provide an empirically based account of the trajectory of right-to-health litigation in Colombia during the past twenty years (1991-2012). Focusing on several critical junctures of this trajectory and drawing from the results of multi sited fieldwork, I reconstruct how a set of stakeholders (policymakers, judges, litigants, activists and pharmaceutical companies) spurred the surge of right-to-health litigation in Colombia, which according to recent estimates is the highest among middle-income countries. Additionally, I explore how a set of structural judicial remedies handed down by the Colombian Constitutional Court in 2008--ruling T-760/08--addressed the institutional determinants of the surge of right-to-health litigation and nudged policymakers in the direction of health-care reform.

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